PROFESSOR NORTON'S 



'Vk'-'i^ 







LW-o SPEECH 



DELIVERED 



BEFORE THE OVERSEERS OF HARVARD COLLEGE, 



FEBRUARY 3, 182.^, 



IN BEHALF OF 



THE RESIDENT INSTRUCTERS OF THE COLLEGE. 



INTRODUCTION. 



BY ANDREWS NORTON. ^ ^ 



BOSTON. 
PUBLISHED BY CUMMING3, HILLIARD, & CO. 



University Press — Hilliard 4' Metcalf, 
1825. 






-^ YORK PUBL. UBK, 
i^i EXCHANeWS„ 



INTJ^ODVCTION. 



The principles maintained in the following speech seem to 
me important, not merely to the prosperity of the college at 
Cambridge, but to that of all similar literary institutions in our 
country. The resident instructers of a college are its proper 
representatives. No other body should intervene between 
them and the public, to take from them this character. They, 
and they alone, should stand forward before the community^ 
as accountable for the state of the institution. All the powers, 
therefore, which properly accompany such responsibility, 
should be fully and explicitly given them. They should be 
intrusted, in the first instance, with the government of the in- 
stitution, considered as a literary establishment ; under the 
supervision and ultimate control of the community, for the 
benefit of which it is intended, and to which, in the nature of 
things, it belongs. This supervision and control, the commu- 
nity must of course exercise through its representatives ; and 
in regard to the college at Cambridge, the Overseers are a body 
so constituted, as to be properrepresentativesof the community. 
The resident instructers, as immediate governors of a college, 
and the public, for which they labor, under whose direction 
they should be, and to which they should be responsible, are 
the only two parties properly concerned in the management 
of such an institution. 



The government of the college at Cambridge has, however, 
been, for some time past, conformed to a verj different prin- 
ciple. The institution has been almost entirely under the 
control of the Corporation, a body, which has been composed 
of the President of the college, and six non-resident members ; 
and which perpetuates itself, by filling its own vacancies. 
The Corporation originate all laws, appoint to all offices, 
confer degrees, and have the disposal of the funds of the col- 
lege. Their more important measures are subject to the 
approval or rejection of the Overseers. But the power of the 
latter body has lain, till ^dthin a short period, almost dor- 
mant, and its proceedings have been litde more than matters 
of form. The college, therefore, has, in fact, been in the hands 
of a small number of gentlemen ; instead of being under the 
control of the community, to Avhich it belongs, and the immedi- 
ate government of its resident officers, who are the persons 
most concerned in its prosperity. 

The Overseers consist of the Governor of the State, the 
Lieutenant Governor, the Speaker of the House of Represen- 
tatives, the President of the college, the members of the 
Council and of the Senate, all ex qfficiis, and of twenty per- 
manent members, namely, ten laymen and ten clergymen, 
chosen from the community at large. Beside the Corpora- 
tion and Overseers, there is a third body, called the Immedi- 
ate Government, composed of the President of the college, of 
most of the resident instructers, and of the librarian. Four 
resident instructers, on account of the character of their offices, 
or from some other particular considerations, are not mem- 
bers. The duties of the members of this body, collectively 
and individually, are simply to carry into effect the laws of 
the Corporation respecting instruction and discipline. It is 
of the ' resident instructers,'' v/ho are members of the Immediate 
Government, that I mean particularly to speak, when I discuss 
the reasonableness of enlarging their authority, and it may be 



proper to observe, that I am not myself of the number. Un- 
der the same term, I would also include the librarian. 

Great evils having resulted, as was believed, from the ex- 
isting distribution of powers, the resident instructers were 
desirous of effecting some change, by which the government 
of the college might be placed on a better foundation. Upon 
examining the subject, they conceived that an essential de- 
parture had gradually taken place from the intention of the 
charter. They believed the fact to be established, that re- 
sidence was originally a qualification for fellowship in the col- 
lege, and that it was intended that the Corporation should be 
composed, together with the President, and Treasurer, of live 
fellows, that is, of five other resident members. Having these 
views, they submitted to the Corporation a paper, containing 
'^ statements and considerations, relative to the mode^ in which, 
according to the charter of the institution, the corporation of the 
same ought to be constituted,^^ The Corporation declined act- 
ing upon this memorial ; and in May of the last year, the same 
paper was laid by the memorialists before the Overseers. Dur- 
ing the last month (February) the Overseers granted a hearing 
to the memorialists before their body ; upon which occasion 
Professor Everett and myself were heard in their behalf. 

In respect to the paper in question, it should be observed, 
that the memorialists did not intend to urge a legal claim for 
any of their number to be elected members of the Corpora- 
tion ; nor even to maintain, that residence was, at the present: 
day, a necessary legal qnalif cation for holding a seat as a 
member of the Corporation. Many propositions may be 
sufficiently established by moral evidence, which do not ad- 
mit of legal proof ; and while the intention of the framers of 
the charter was, as the memorialists conceived, fully shown 
by evidence of the former kind, they were not qualified to 
decide, whether this evidence was of a nature to be received 
as legal proof. They were not qualified to decide whether, 



VI 



if the intention of the framers of the charter were clearly 
evinced, this intention was expressed in such a form of words 
as to be legally binding. And, supposing both these ques- 
tions to be settled in the affirmative, still others might arise ; 
as whether the departure from the intention of the charter 
had not been sanctioned and established by prescription ; or 
whether one of the articles in the constitution of the state, 
relating to the college, did not so recognise the Corporation, 
constituted, as it then was, partly of non-resident members, as 
to give a legal sanction to non-residence. These were ques- 
tions which they had no intention of discussuig, and with 
which they had no concern. Yet their memorial has been 
opposed, principally, as if they had endeavoured to establish 
some strictly legal claim or principle ; which they did not. 
The argument, therefore, has been turned out of its proper 
course, and directed against a point, which, whether defensi- 
ble or not, it was not the intention of the memorialists to 
defend. 

The subject has thus been perplexed, and a certain degree 
of obscurity and doubt thrown over it. The discussion, 
likewise, has extended to such a variety of details, as to re- 
quire more attention to understand it fully, than most persons 
are willing to give. The principal arguments, however, on 
which the memorialists rely to establish the propositions 
which they believe true, admit of being briefly stated.* 

The language of the charter is, that ' the college in Cam- 
bridge shall be a corporation, consisting of seven persons, to 
wit, a President, five Fellows, and a Treasurer or Bursar.' 
Here a general question arises, what was intended by the term, 



* These arguments may be found stated at length in their memorial ; and 
in the very able defence of it by Professor Everett, in * A letter to John Low- 
ell Esq.' Boston, 1824. 



Vll 

fellow ; but as far as this word is concerned, the real question 
at issue is more limited, namely, whether, as thus used, it did 
or did not include the idea of residence as a qualification of 
a fellow. The memorialists maintain that it did, for the fol- 
lowing reasons. 

I. In the preamble of the charter, it is stated, ' that many 
well devoted persons have been, and daily are, moved and 
stirred up to give and bestow sundry gifts, legacies, lands, and 
revenues, for the advancement of all good literature, arts, and 
sciences in Harvard College in Cambridge in the county of 
Middlesex, and to the maintenance of the President and Fd- 
lows thereof." This is the language of the preamble ; but 
it cannot be supposed nor is it contended, that at this period, 
any persons were maintained by the revenues of the college, 
who were not resident members of the college. The fellows 
therefore were resident. 

II. Both the preamble and the body of the charter imply 
that the term, fellow, in relation to a college, was one in com- 
mon use, and well understood. Its meaning, therefore, like 
that of other words, is to be determined by usage ; and for 
this usage we must look to what was its sense in the English 
Universities. The primary idea of the fellow of a college is 
of a member of a college, considered as a corporation, re- 
siding where the college is situated, for the purpose of study, 
and deriving maintenance from its revenues.* From the stat- 
utes of Trinity College, and Jesus College, the only colleges, 
copies of whose statutes could be procured,! and from the ex- 
press mention of some peculiarities in those of New College by 



♦ Thus it is said in the Quarterly Review : — *' The intention of Fellowships 
was, to retain the most deserving young men in their several colleges with 
full leisure and opportunity for study, till they should be of standing for the 
higher degrees." Vol. xviii. p. 236. Amer. Ed. 

f MS. copies of these are in the library of Harvard College. 



Vlll 

Ayliffe,* it appears that the fellows of these colleges are bound 
by statute to residence, under certain conditions having 
no bearing upon the general question. After a pretty exten- 
sive examination of the subject, it appears from a great 
variety of incidental evidence, that the same is the case in the 
English colleges generally.! No evidence to the contrary has 
been discovered. The residence of the fellows of a college is, 
indeed, impHed in the essential character of a college as an 
incorporated body ; since we are told, that ' a college, proper- 
ly speaking, (simplex collegium) is, according to the civilians, 
the fourth species of corporation, and is so called because 
many persons of the same body or community do cohabit 
therein ; and as our books say, in eodein simul colliguntur^ 
(that is, are collected together in the same place ;) and herein, it 
is remarked, the word diiFers from ' Body or Corporation used as 
a generical term/j The statutes of the English colleges requir- 
ing the residence of fellows have, it is true, like a great pro- 
portion of their other statutes, become obsolete ; and the non- 
residence of fellows is, at the present day, common. But this 
is a comparatively modern departure from the intention of 
those institutions. Residence was the original condition of 
holding a fellowship, implied in the very character and pur- 
pose of the foundation. Non-residence is a matter of permis- 
sion or dispensation. That it has, since the commencement 



♦ Ayliffe's Ancient and Present State of the University of Oxford. Vol. ii-. 
p. 51. 

t The following passage will explain why the statutes themselves cannot 
be expressly quoted : — ' With respect to the statutes of particular colleges, 
it is not easy to gain an accurate acquaintance with them. There are sel- 
dom above two copies of them, and these are kept in close custody, except 
on two or three days in a year, when they are read, for the most part in a 
rapid and incorrect manner, in the college chapels.' Knox on Liberal Ed- 
ucahon, vol. ii. p. 173. Land. 1785. 

\ Ayliffe's Oxford, vol. ii. p. 2. 



ix 

of the last century, become frequent as respects the English 
colleges, has been urged as an analogy in favor of the non- 
resident members of the Corporation of Harvard College, to 
prove that, though non-resident, they may still, conformably 
to the charter, be qualified to be its governors. But the anal- 
ogy entirely fails, because the non-resident fellov/s of an 
English college, instead of having the control of the institution, 
take no part whatever in its government. 

III. But if the general micaning of the word, at the time 
when it was used in the charter, as implying residence, were 
doubtful ; its meaning as regards Harvard College, which is 
the point in question, would be determined by the ancient 
form of the induction of a fellow, in use before the granting of 
the charter ; which supposes, that a fellow must be resident ; 
as appears from its language, which limits his obligations, by 
the clause, ' so long as you shall here reside ;' from the duty of 
instruction, or at least the liability to this duty, which it im- 
poses ; and from the promise which it contains of a stipend 
from the revenues of the college.* 

IV. What has been stated is further confirmed by the 
language of various acts of the General Court of the Province, 
and donations of individuals, for ' the maintenance of the 
President and Fellows ' of the college, principally within a 
few years subsequent to the granting of the charter. There 
can be no question, that the fellows, whose maintenance is 
thus provided for, were, a part or all of them, resident instruc- 
ters ; and that no persons not resident were intended. 

V. The five first fellows, members of the Corporation, are 
named in the charter. They were all of them young men, 
not particularly distinguished. They were, it is believed, all 
resident at Cambridge, when selected to be so named. That 
this was the case with three of their number, is admitted. 
That the other two, likewise, had been resident during a con- 

* See the form of induction at length in the memorial, p. 4, 
2 



siderable length of time which approached close to the period 
when the charter was given, and that they had been, actually 
and in name, fellows of the college, are facts not denied. 
But in the absence of clear historical data, there has been an 
attempt to cast a doubt upon their residence at the precise time 
last mentioned. But the question seems to be decided by the 
consideration, that no other reason can be assigned for the 
naming of these five young men as members of the Corporation, 
except that they possessed that single qualitication, which 
others more able, more distinguished, and of far more influ- 
ence in the community, did not possess, the qualification of 
residence. 

VI. The language of the charter is, that " the college in 
Cambridge shall be a corporation, consisting of seven persons." 
The word, college, is here used in its primary sense, to denote 
a number of persons associated together for some common 
purpose. This college, these individuals, are by the charter 
constituted a Corporation. But the college, in the sense just 
explained, is recognised by the charter only as being, and as 
to be, in Cambridge. Conformably to the charter, it is in 
Cambridge that those seven persons, forming the Corporation, 
ought to be found. This, so far from being a forced sense of 
the words, as has been said, is the only sense which the words 
admit. But if the meaning were doubtful, that which has 
been stated vould be proved true by the analogy of the Eng- 
lish colleges ; in regard to which, it was never imagined that 
the corporation, having the government of the college (in the 
more extensive sense of that word), could reside in any other 
place, than where the college buildings are situated, and the 
work of instruction carried on. Still more, the word, colhge^ 
was used in the charter not merely in what is its primary 
sense ; but the nature of the instrument admits no doubt, that 
it was used in its technical sense, before explained, namely, as 
denoting a corporation, the members of which are collected 



XI 

together in the same place. But if this be so, the intention 
of the charter respecting the residence of members of the 
Corporation is determined. 

Vll. It cannot be beheved, that it was the intention of 
the framers of the charter, that in any case, the ivhole col- 
lege, constituting the Corporation, or, in more familiar lan- 
guage, all the governors of the college, might be non-resident. 
Such a form of government would have been entirely without 
precedent ; while, on the contrary, according to what is con- 
ceived to be the only proper mode of understanding the char- 
ter, its framers designed, as v/e should naturally suppose, to 
conform to the mode of government established in the 
English colleges, with which they were well acquainted. 
In the exercise of common good sense, they could never have 
intended, that, as regards residence, the only qualification of 
fellows of the college and members of the Corporation, should 
be inhabitance in some part of the province, though this has 
been maintained. If all the members of the Corporation 
were non-resident, it does not appear possible, that they 
should exercise their powers in any proper manner. At 
present, all except one are non-resident ; but the necessity 
of the residence of one is admitted. But unless all the mem- 
bers of the Corporation are bound to residence by the char- 
ter, no one of them is bound to residence. If the fellows are 
not bound to residence, still less is the Treasurer or President ; 
and strange as it may appear at the present day, we find 
among other departures from the intention of the charter, 
which began to occur at an early period, the case of a non-res- 
ident President. The office of President was held by the 
Rev. Increase Mather, while at the same time he was a cler- 
gyman in Boston, till the abuse was corrected in 1701, by 
the interposition of the General Court.* It would have been 

* It is thus that this fact is stated by his son, Cotton Mather : " There 
were some Disaffected Men who for some reasons [God knoivs ^^hat they 



XI 1 

ti singular oversight in the incorporation of a college, if the 
act were so framed, that all the members of this corporation 
might be non-resident ; and it is an oversight, with which, if 
there be any force in the preceding arguments, the framers 
of the charter are not to be charged. 

yilL If the arguments stated left the intention of the charter 
uncertain, this uncertainty would be removed, as is beheved, 
by the explanation of the whole government of the then Prov- 
ince in the year 1722. It is unnecessary to repeat the his- 
tory of the controversy, by which the subject was brought 
before the General Court. But in that year, a joint commit- 
tee of the Council, and of the House of Assembly, made a 
report, of which the first article was the following : '• That it 
was the intent of the said college charter, that the tutors of 
the said college, or such as have the instruction and govern- 
ment of the students, should be the fellows and members of the 
Corporation of said college, provided they exceeded not five 
in number." * This report was accepted by the House of As- 
sembly, and " it was ordered, that the Corporation for the 
future practise accordingly." The order was concurred in 
by the Council, and the Governor gave his assent to it, with 
the proviso, however, that the three individuals, who were at 
that time non-resident members of the Corporation, should not 
be removed by said order. The contest between the Gover- 
nor and House of Assembly respecting this proviso, finally 
prevented the order from being enacted ; though the House 
of Assembly unanimously passed the same resolution again, 
the next year. The preceding statement shows in what man- 



were] were willing to have the college taken out of Dr Mather's hands. To 
accomplish it, they obtained a vote, which appeared of a Plausible Aspect; 
That no man should act as President of the college, who did not reside at Cam- 
bridge." Remarkahles of Increase Mather, p. 173. 

* For a full account of this transaction, see memorial, p, 16 seqq. and 
Professor Everett's Letter to John Lowell Esq. p. 75 seqq. 



Xlll 

ner the charter was at this time understood. The committee 
by which the report was made, consisted of ten members, in- 
cluding men of the first eminence in the Province, and of the 
highest legal distinction. At the period in question, the early 
records of the college, which have since been lost, are known 
to have been in existence ; and the early history of the college 
was f''e:h in men's knowledge. 

To the preceding arguments respecting the intention of 
the charter, I am aware of but two objections, which may be 
regarded as of any weight, beside those already incidentally 
noticed. The reasoning supposed to bear against the mem.o- 
rial of the resident instructers, has been principally directed, as 
I have before observed, against a proposition not maintained by 
them, namely, ' that residence is at the present day a neces- 
sary legal qualification for holding a seat in the Corporation.' 
In regard to the meaning of the charter, it has been said, that 
the term ' fellow ' in this instrumxCnt may be used merely in 
the sense of member, that is, member of the body constituted, 
namely, the Corporation. But most of the arguments, 
before stated, bear directly against this supposition ; and 
to these we may add the following. The universal sense of 
the word, in all other writings, when applied to any one con- 
cerned in the government of a college, was undoubtedly 
different. According to the supposition just stated, it is used 
in two different senses in the body of the charter and its pre- 
amble. Such a use of the word in relation to the subject in 
hand, must have created strange ambiguity and confusion. 
And, further, the term ' President and Fellows of Harvard 
College' is fo the present day the style of the Corporation j 
but this was a term in use before the charter, (as appears, 
among other evidence, from the preamble to this instrument,) 
and subsequently to it, for a considerable number of years, in a 
manner which puts it beyond dispute, that by ' fellow,' as thus 



XIV 

used, was intended a resident member of the college, deriv- 
ing maintenance from its revenues. 

The other objection supposes, that Samuel Danforth, one of 
the fellows named in the charter, ceased, soon after it was 
given, to be resident, but still continued to be a fellow. That 
he ceased to be resident, is agreed. Whether or not he con- 
tinued to be a fellow, is disputed. But admitting that he did 
so, the fact seems to be of no force to explain or set aside 
the intent of the charter. The statutes of the English col- 
leges, which have been examined, impose on fellows the ob- 
ligation of residence ; yet this obligation is very commonly 
dispensed with. There is no proof, that if Danforth contin- 
ued nominally a fellow, he took any part in the government 
of the college as such, any more than the non-resident fellows 
of an English college. The fact of his remaining nominally 
a fellow, if it could be established, might be easily explained 
by the probable supposition, that w'hen he ceased to be res- 
ident, there were, at this early period, not more than four 
resident fellows remaining; but the charter requiring the 
number of five fellows in the Corporation, and there being no 
one to fill his seat, if vacated, he still nominally retained it. 
The case, if it occurred, is to be considered not as an explan- 
ation of the charter, the meaning of which is proved by 
other evidence ; butmerely as a dispensation from the establish- 
ed rule, occasioned by accidental circumstances. In order to 
bring the case of Danforth to have any bearing upon that of 
the present non-resident members of the Corporation, positive 
proof is required not merely that he remained nominally a 
fellow ; but, still more, positive proof, which no *one has at- 
tempted to adduce, that he continued to take a share in the 
government of the college, as a member of the Corporation. 

Relying, therefore, upon arguments such as have been 
stated, and upon other subsidiary proofs, the memorialists be- 
lieved that it was the intention of the charter, that the Corpo- 



ration should be composed of resident officers of the college. 
Thej believed at the same time, that the good of the college 
required a fundamental change in the mode of its govern- 
ment ; and they thought, that bringing into view the intention 
of the charter, v^^ould be the least invidious mode of suggest- 
ing the propriety of such a change. Whether, upon the 
supposition, that there was no legal obligation to restore the 
government of the college to the form intended by the char- 
ter ; this form, in itself considered, were on the whole prefer- 
able, was a question, which they regarded as left open for 
discussion. For myself, I am not confident, that it would be 
the best mode of reducing to practice the principles, which 
it has been my object to maintain. I have had no call to 
consider the subject with sufficient attention ; nor have I been 
assisted in forming a judgment, by any opposing statements or 
arguments, which seemed to me to have much bearing upon 
the question, when properly understood ; and I am unwilling 
to add another to the hasty opinions, which have been 
made up on partial knowledge and imperfect views. 

In the following speech, the principle is maintained, that 
so far as the college is to be regarded under the aspect of a 
literary institution, its resident instructers should, in the first 
instance, be its governors. The most important conclusion 
from this general principle is, that they should have the 
power of originating all laws respecting its instruction and 
discipline. But another important consequence flowing from 
it, is, that they should have the power of nominating to all 
offices of instruction and discipline. The principle stated will 
be imperfectly applied, unless it be followed out to this result. 
I will not here repeat the arguments upon this point, which 
may be found briefly stated in the subsequent pages; but will 
add a few remarks. If the resident instructers are to be 
made responsible, as they ought to be, for the literary and 
moral character of the institution, they should have the privi- 



XVI 

lege of naming those whom thej would choose as their asso_ 
ciates, to carry on with them the work of discipline and 
Instruction. Holding the relation which they do to the college, 
the' resident instructers are the proper depositaries of all 
power, necessary to form the moral and literary character of 
the institution. No privilege, therefore, which may be exer- 
cised by them with as much advantage as by any other body 
of men. should be taken from them, and given to other indi- 
viduals. To transfer from them to six non-resident gentle- 
men any power, which the former are capable of exercising 
with equal benefit to the college, is to degrade their offices, 
and to lay all those who may hold them under a standing 
imputation of incapacity. The resident instructers have a 
personal and peculiar concern in the prosperity of the institu- 
tion, which, from the nature of the case, cannot be felt by 
others. They are bound to it, not merely by public duty, 
but by private interest. The desire of its prosperity and 
deputation, which in them must be so active a feeling, would 
always induce them to be very careful in selecting not merely 
a proper candidate, but the most proper candidate for any 
office. Their personal interest in making the college as dis- 
tinguished and useful as possible, would act in constant oppo- 
sition to any improper motive or bias. Operating generally 
through the whole body, it would serve effectually to coun- 
teract any particular influence from individual prejudice, 
partiality, acquaintance, friendship, connexion, or from any 
less excusable motive. When the relation between a patron 
and a candidate for office is such, that the former will be 
affected neither in his interest nor reputation by the manner 
in which the latter may perform the duties assigned him ; 
men are very liable to be influenced by other considerations 
than a mere regard to the superior fitness of the candidate. 
The door is left open, through which all the evils of patron- 
age enter, those evils which in older countries have been felt 



XVll 

so severely, in the misapplication of public ^vealth and of 
public charities, and in the perversion and degradation of 
their institutions. But on the other hand, when those who 
have the power of nominating to an ottice, have themselves 
a stronger personal interest than any other individuals, that 
its duties should be properly discharged, there is then every 
security that the power will be properly exercised. 

There is another principle in the government of an institu- 
tion like the college, intimately connected with that already 
stated. The resident instructers should be not merely the 
primary depositaries of the power necessary to its good 
management ; they should receive of the honor w^iich 
may properly belong to the institution. Its reputation 
cannot be unappropriated, nor attach itself to the abstract 
idea of a college ; it belongs, in the nature of things, to indi- 
viduals ; and the more clearly and definitely it attaches to 
certain individuals, the better. But the resident instructers 
are marked out by every circumstance as the proper repre- 
sentatives of the college ; with whose offices all the honor due 
to the institution ought to be associated. No other body 
should intervene, as at present, to obscure them from public 
view ; and to take from their offices, the rank and respecta- 
bility which should be connected with them. But the 
present representatives of the college are six non-resident 
gentlemen and one resident officer. They constitute its Cor- 
poration. They are its governors. The resident instructers 
have been called their servants ; and the name, perhaps, 
may express the relation ivhich actually exists between these 
two bodies ; but certainly does not correspond to the state of 
things which ought to exist. The station of master is one 
of more honor and dignity than that of servant ; but in a 
literary institution there should be no offices of more honor 
or dignity, than those given to the literary men who are its 
instructers. They, indeed, should be the servants of the pub- 
3 



XVlll 

lie, but not of any ' other body of men. An opposite state of 
things, however, now exists ; for the members of the Corpo- 
ration, as that body is constituted, cannot be considered as 
representatives of the public. 

If the college were without permanent funds ; if its instruct- 
ers had associated themselves together, and depended for their 
remuneration upon the fees received from their pupils ; it would 
enter no one's imagination, that they would be enabled to man- 
age the institution more prosperously by putting themselves un- 
der the government of certain gentlemen, taken from the com- 
munity at large, to whom they should transfer the whole con- 
trol of the college ; leaving to the judgment of those gentlemen 
the direction of its studies, the regulation of its modes of in- 
struction and discipline, and the appointment of their future 
associates. The proposal would be regarded as unworthy 
of serious discussion. Let us, however, apply the prin- 
ciple to a particular case. If the instructers of the ad- 
mirable seminary, lately established at Northampton, should, 
for the purpose of rendering the institution more flourish- 
ing, procure the incorporation of a number of gentlemen 
from the neighbouring towns, to take the control of its studies 
and discipline off their hands, there would be no difference 
of opinion respecting the wisdom of such a project. In what 
respects, then, does the case of the college diff*er from that of 
such an institution ? It differs in one very important particu- 
lar alone. Its instructers are supported, in part, by perma- 
nent funds provided by the community, or by individuals for 
the benefit of the community. It belongs to the community, 
therefore, to see that these funds are not misused. At the 
same time, a certain amount of salary being secured to a res- 
ident instructer, a part of that stimulus to exertion is removed, 
which w^ould arise merely from a regard to pecuniary emol- 
ument, if this depended solely upon the reputation of the 



XIX 

institution, or of the teacher.* It is proper, therefore, that 
the college should be subject to a special and peculiar super- 
vision and control on the part of the community. If its officers, 
like those of the school at Northampton, depended for their 
remuneration, solely upon the success of their own exertions 
in rendering the institution such, as that pupils might be led to 
resort to it, there would be as little necessity for the special 
supervision of the community in the one case, as in the other. 
As the state of things now is, the government of the college 
should be under the oversight and control of the public ; but 
the question still recurs, who under such control should be its 
governors ; and upon this question, the difference between the 



* It may be observed, however, that all the stimulus to exertion, from a 
.regard to pecuniary emolument, which it is desirable should exist, might be 
easily obtained, by fixing at a much lower sum, than at present, the perma- 
nent salary of an instructer ; and making its increase within certain limits, or 
indefinitely, depend upon the amount of tuition money, received from the 
students of the college; the tuition monc^/, either wholly or in part, being 
shared among the instructers in proper proportions, conformed to the difF«r- 
ence of their permanent salaries. With the plan, however, of allowing to 
the students a greater choice among various studies, has been connected 
another proposal, having the same object with that which I have just sug- 
gested, namely, that the emolument of each instructer, wholly, or in part, 
should depend on fees, received from his ov%mi particular pupils. To this there 
are various objections ; but a decisive one in my mind is, that it would tend 
directly t® produce competition, jealousy, and ill will among the instructers ; 
and thus, beside other evils^ be of essential iojury to the college, by prevent- 
ing all common action among them to promote its good. On the other 
hand, the plan suggested would give all the instructers a common interest 
in raising the character of the institution, so as to increase the number of its 
students. Every instructer would be concerned, that every other should 
hold a high rank, and perform his duties with faithfulness and ability. I may 
here add, that if such a plan were adopted, I suppose no one would doubt, 
that the instructers should have the power of nominating their associates. It 
would then be a matter of justice to them, that they should have this power. 
But as regards simply the prosperity of the college, there are now the same 
reasons, why they should exercise it, as there would be in the case supposed 



XX 

two institutions, in the particular just mentioned, has no bear- 
ing. It would not be thought a wise measure, to take the gov- 
ernment of the seminary at Northampton from its resident 
instructers ; why then, I would ask, is the government of the 
college, in regard to its modes of discipline and instruction, tak- 
en from its resident instructers ? What hope is there that a 
procedure, which every one would apprehend might be ruinous 
in the former instance, will, in the latter, conduce to the rep- 
utation and usefulness of the institution ? 

But when we speak of oversight or control, we must recol- 
lect, that it should be exercised on a broad and liberal plan ; 
with a prevaihng sentiment of generous and proper confidence 
in the resident instructers ; such confidence as ought to be 
felt in them, if they are qualified for their offices. When we 
speak of responsibility, we must recollect that their responsi- 
bihty, in the nature of things, Hke that of all other men in 
public office, is to the pubhc alone ; and not to a small number 
of individuals. Nothing could be devised more injurious to 
the college, than to subject them to the minute, vexatious over- 
sight of one, or of some half-dozen persons, exercising a 
visitatorial power. What man of honorable feelings would 
submit to place himself in a situation, in which a few individ- 
uals, not his superiors in age, in talents, in morals, nor in any 
claim upon the respect of society, were to see that he did his 
duty ? No such oversight has been exercised, and none 
such, I trust, ever will be attempted. The supervision required 
is that of a numerous, popular body, so constituted as to 
represent the community ; composed, in great part at least, of 
members elected by the community, and elected from differ- 
ent portions of the state. The Overseers of the college are 
such a body. But the difficult}^, at present, is, that they, the 
proper representatives of the public, are hardly brought into 
any connexion with the resident instructers, the proper re- 
presentatives of the college. They are, and they will be, 



XXI 

separated from each other, by the intervention of the Corpo- 
ration, so long as this body, constituted as at present, ex- 
ercises its present authority. The Corporation has gradual- 
ly come to be considered as having at once the government 
and the oversight of the college ; and any proper exercise on 
the part of the Overseers, of the power which their name implies, 
would almost assume the character of an interference. This 
must be the case, so long as the resident instructers are con- 
sidered as ministerial officers, under the direction of the Cor- 
poration ; for it follows from this, that it is to the latter body, 
that these officers are accountable. The administration of the 
college being divided, as at present, between two bodies, the 
one constituted of its real governors, who legislate for the 
other body, which is composed of those whose business is 
merely to execute their laws, there is such a divided repon- 
sibility for the state of the college, that no clear and definite 
object of supervision presents itself to the Overseers in the 
regular course of business. Every thing eludes their grasp. 
But unite in the resident instructers the powers which 
have been thus disjoined, and a body of men would exist, 
to whom the public now naturally look as responsible for the 
state of the college ; and who would then be fully and 
solely responsible for it. The Overseers would know, at once, 
where to direct their attention, when any evil or any complaint 
existed. Having a well defined and practicable duty to per- 
form, there can be no doubt that they would perform it ; and 
that their relation to the college would be very different from 
what it has been. The general state of the institution might, 
for instance, once a year, or oftener if occasion should require, 
be made a subject of discussion. The opinions of gentlemen 
from different parts of the state, with different views and feel- 
ings, might be collected. Complaints might be publicly 
brought forward. Committees might be appointed to examine 
whether they were well or ill founded. If without foundation, 



XXli 

the college would be exculpated and vindicated by the repre- 
sentatives of the public. If well founded, the evil would be 
remedied bj their interference. Instead likewise of the pres- 
ent nugatory show of literary examinations into the proficiency 
of the students, real, effective examinations, like those of the 
military academy at West Point, might be instituted by the 
Overseers ; and the literary state of the college thus constant- 
ly laid open to public inspection. 

But it is n-ot merely through this constant inspection for 
the purpose of correcting evils, that the college might derive 
advantage from its peculiar connexion with the state. This 
connexion is a great honor, and might in other respects than 
those mentioned, be of great benefit. It is most desirable 
that the community should regard the college as its care. It 
is most desirable that its instructers should always feel that 
they are acting in the view of the public, responsible to their 
fellow citizens and to them alone ; and that they are to re- 
ceive a great part of their reward in public approbation. It 
is through the Overseers, as representatives of the public, that 
the instructers may properly be encouraged, animated, 
and applauded. It would be v,dth very different feelings 
from what he has at present, that a literary man would per- 
form the duties of his office at Cambridge, if he knew that the 
college was a constant object of public interest, and a prop- 
er object of public regard ; that on him and his associaties, 
the public attention was steadily directed ; and that his exer- 
tions and services would be known and fairly estimated. 

In order to render the college, such an institution as it 
may become, prosperous and useful, as it is capable of being, 
measures must, in the first place, be taken to secure as its in- 
structers, men of the first talents, the soundest learning, the 
purest morals, and the deepest sense of religion. To this end, 
the offices of the resident instructers must be such, that men 
ef the character described will be willing to accept and will- 



XXUl 

ing to retain them. They must be offices of dignity and trust ; 
affording to those who hold them, full opportunity of making 
the best use of their abilities for the good of the institution. 
In the next place, the instructers thus secured must not be 
subjected, as mere ministerial officers, to the direction of other 
individuals, who are in comparison, but remotely connected 
with the college, and imperfectly acquainted with its interests. 
The institution will flourish then, and then only, when such 
men as have been described are made responsible to the 
public for its prosperity, and have all the power and honor, 
which should accompany this responsibility. 

It may be proper to observe, that I have as little private 
interest in the topics discussed in what precedes and follows, 
ds any individual in the community. This is known to those 
who are acquainted with the nature of my connexion with the 
college. My interest arises from a strong concern for the 
welfare of an institution, which all must regard as having a 
most important influence upon the intellectual and moral state 
of our community ; from a conviction, that its present system 
of government has been essentially injurious ; and that by 
changing this system, its growth in reputation and usefulness 
might, in the course of a few years, advance with a rapidity, 
which one would be thought sanguine and extravagant, if he 
should now predict. With the good sense and habits of free 
discussion, which prevail among us ; if the principles which 
have been stated be correct, however circumstances may 
prevent their being acknowledged at present, they will in 
time be adopted and acted upon. The great point to be 
gained is to awaken public attention ; and to make the com- 
munity feel the interest which they have in the subject in 
discussion. 



SPEECH. 



May it please your Honor. 
My object in appearing before this Reverend and Honor- 
able Board, is to explain the motives and purposes of the 
memorialists in presenting the paper under consideration ; and 
the circumstances which led them to take the course which 
Ihej have done. They believe that the fact has been estab- 
lished, that in the first institution of the college, and for a 
Considerable number of years subsequent, certain powers 
were vested in the resident instructers, as members of the 
Corporation, which they do not now possess. The exercise of 
some of these powers by the resident instructers, they regard 
as essential to the prosperity of the college. But the partic- 
ular change in the mode of constituting the government of 
the college, to which the paper in question would seem to lead, 
is merely one form of introducing that change in the state of 
the institution which the memorialists deem important. I shall, 
therefore, endeavour to explain what are the essential features 
of the change which the present state of things requires, and the 
grounds upon which this change is considered necessary to the 
prosperity of the institution. I am confident that the great ma- 
jority of the gentlemen whom I have the honor to address, have 
butone feeling in regard to thecollege— adesireof its prosperity. 
This must be the desire of every man, who regards the honor 
and interests of our native state, the memory of our ancestors, 
and the happiness and virtue of our children. In this feeling, 
therefore, which alone would have induced me, contrary to 
all my usual habits of life, to appear in this place, I am secure 
of your sympathy. I am, I trust, secure of your attention ; 
and that any considerations, which 1 may present, will be al- 
lo^'ed their fall weight, even though, from the noveltv of the 
1 



2 

situation in which I find myself placed, and the short time 
which has been allowed for preparation, they may be imper- 
fectly stated. 

Concerning the whole subject which has been before this 
Board, relating to the condition and interests of the college, 
the great body of the community have but a very imperfect 
and partial degree of information. The course of policy 
which has been pursued, as is generally known, has been to 
keep the concerns of the institution as much as possible out 
of view, and to prevent them from being brought into public 
discussion. The real state of things is, in many respects, 
essentially different from what appearances might lead one 
to suppose or expect. I will venture to say, therefore, that if 
any gentleman know no more respecting the concerns and in- 
terests of the college, than what has appeared and been stated 
in the course of the discussions respecting this subject, his 
•view must of necessity be exterior, partial, and erroneous. 
I, therefore, do not despair of being able to open some new 
views to the gentlemen whom I have the honor to address, 
which they may agree with me in thinking to deserve atten- 
tion. From long connexion with the college, and from being 
personally acquainted with all the late measures, both in 
and out of the government, which have led to the present 
discussions, I have had some peculiar opportunities for inform- 
ation. I shall be very open and explicit ; for the present 
occasion requires great openness and explicitness. The 
memorialists have been brought to a point, where they can 
defend their own characters, and maintain the best interests of 
the college, only by a more full and naked exhibition of facts and 
truths, than has yet been made. At the same time, as I ap- 
pear in this place merely from public motives, and am not 
influenced by the slightest feeling of personal ill will toward 
any individual ; so I shall be very careful not to give any 
individual reasonable cause of offence. I shall be equally 
solicitous not to give unnecessary pain to any one ; and to 
the latter consideration shall be willing to sacrifice, in some 
degree, the strength of my statements. Enough, I believe, 
may still be said to produce every desirable effect. If, how- 
ever, with all the care which I may use, I should yet be so 
unfortunate as to give personal offence, I must regard it as a 
misfortune, which the circumstances of the case have necessa- 
rily brought upon me. 



In order to place the purposes and conduct of the memorial- 
ists in a just point of view, it is necessary, in the first place, 
to give some account of the course of events, which has imme- 
diately led to the present discussions before this Reverend and 
Honorable Body. It is well known to many, that for a con- 
siderable number of years past, great dissatisfaction with the 
condition of the college has existed in the minds of the resi- 
dent officers, and others who have had an opportunity for a 
near view of its real state. In the summer of 1821, that is, 
about four years and a half since, a paper was drawn up by a 
highly respectable officer of the institution in the form of a let- 
ter to a member of the Corporation, containing a statement of 
some of the evils which existed, accompanied with proposals of 
remedy and reform. This communication, taken in connex- 
ion with the prevailing dissatisfaction with the state of the 
college, led the Corporation to direct their attention to the sub- 
ject. A circular letter addressed to the resident instructers, 
and to one instructer not resident, (I am uncertain whether to 
any others,) was accordingly issued by them, dated in Septem- 
ber 1821. It filled seven closely written folio pages, and 
contained a great variety of questions, respecting the discipline, 
instruction, and morals of the students, to which answers were 
requested. Rephes were given by most of the gendemen 
addressed, as soon as practicable, some of them entering into the 
subject much at length. These replies were referred to a com- 
mittee of the Corporation ; and, that body having apparently by 
its proceedings pledged itself to undertake a reform, it was 
confidently expected by some, that important changes would 
be introduced. Nothing, however, was done except promul- 
gating some regulations respecting the expenses and dress of 
the students. With this exception, the whole business was 
suffered to sleep. In the summer of 1823, two years after 
the subject had been first agitated ; when it had become 
apparent that no effectual measures were to be expected from 
the Corporation, the only body, which, according to the 
usages of the college, exercised the power of originating any 
measure, the feeling of discontent with the existing state of 
things, which had been in some degree suspended by the hope 
of improvement, again recovered strength. It was determined 
by some gentlemen, with the full consent and approbation of 
those resident officers, who were acquainted with the design. 



4 

to endeavour to bring the subject before your Honorable 
Body. They looked to you as to the last hope of the institution. 
In July 1823, several gentlemen were accordingly requested 
to meet in Boston at the house of a distinguished officer of the 
college. The gentlemen, thus called together, met, to the num- 
ber of nine ; but unfortunately there was no resident officer of 
the college among the number invited. The gentlemen how- 
ever, who composed this meeting, discussed the nature of the 
improvements and changes, which the institution was thought 
by them to require, and determined to use proper measures to 
procure the appointment of a committee of your Honorable 
Body, for the purpose of recommending to the Overseers the 
plan which had been agreed upon. Such a committee v/as 
appointed, of which the Hon. Judge Story was the chairman. 
Immediately after the appointment of this committee, 1 took 
the liberty of addressing a letter to the chairman, in which I 
strongly urged the importance of consulting the resident in- 
structers respecting those changes which would most conduce 
to the good of the college ; of cooperating with them ; and of 
taking advantage of their knowledge and judgment respecting 
the institution, and their deep concern in its prosperity. His 
answer was satisfactory. But there was, notwithstanding, no 
communication whatever between your committee and the 
resident instructers, on the subject of their report. It was 
not seen, nor were its features known by any one of them, 
before it appeared in print. I have, during the present session 
of the General Court, received a message from the chairman 
of that committee, stating, that before offering the report in 
question, he had believed that it had been seen by the resident 
instructers and had met their approbation ; and that particu- 
larly he had expected my support. My opinion of the report 
has already been publicly expressed ;* and the character of 
the proposals it contains is of such a nature, that I feel confi- 
dent, that every one, having any practical acquaintance with 
the concerns of the college— any one who is, or who has been, 
a resident officer of the institution, will concur with me gene- 
rally in that opinion. I must regret that the Hon. Chairman 

* In ' Remarks on a Report of a Committee of the Overseers of Harvard 
College : By one lately a Member of the Immediate Government of the 
College.' 



of your committee, after finding that he had been misinformed 
upon so very material a point, as the approbation or acquies- 
cence of the resident instructers, did not mistrust his informa- 
tion upon other subjects, concerning which it was not so easy 
to ascertain the truth. 

Before, however, this report was presented, sometime in the 
summer of 1823, the gentleman who has just addressed you, 
Professor Everett, was led to some inquiries respecting the 
early history of the college. In pursuing these inquiries, he 
was brought to the conclusion, which, I must profess, that to 
my mind he has fully established, that residence was origin- 
ally a qualification for fellowship ; and that conformably to the 
charter, and to a rule, which however sometimes disregarded 
from the necessity of the times or other circumstances, 
was recognised by the whole government of the state, in 
the year 1722, as in full authority, the Corporation ought 
to consist of fellows, that is, of resident officers of the college. 
He drew up a paper, containing a statement of historical facts, 
relating to the subject, which, in the first instance, he commu- 
nicated to the President of the College. It was in his hands 
for several months. When returned by him, sometime about 
the beginning of the last year, Professor Everett sent it to me 
for perusal. I thought the facts it contained important and 
curious, and the arguments forcible, and advised its publica- 
tion ; for I had then begun to despair of any essential change 
for the better in the condition of the college, except by direct- 
ing the public attention strongly upon the subject, and making 
its concerns a topic of public discussion. It was thought, 
however, on the whole, advisable to pursue a different course. 
Though the paper had been so long in the hands of the Pres- 
ident of the Corporation ; yet, as it regarded the constitution 
of that body, it was deemed most respectful to its members 
to lay it formally before them. Accordingly, after it had 
been communicated to most of the resident instructers, in- 
dividually, they held several meetings, and when the paper 
had been in some respects modified, determined to present it 
with their signatures to the Corporation. Their motives and 
purposes in doing this, I shall, in a few minutes, endeavour to 
explain, and as I hope, so as to satisfy this Honorable Body, 
that they have been greatly misunderstood. I will here only 
observe, that it had, for a long time, been the earnest wish of 



6 

many of the resident instructers, that they should be so repre- 
sented in the Corporation, as to possess some influence in the 
management of the concerns of the college ; some power of 
applying remedies to those evils, and of supplying those de- 
fects, which no men in the community were so well acquaint- 
ed with, or felt so strongly. The propriety, the advantage, the 
necessity for the good of the college, of admitting two other 
members of the Immediate Government, beside the President, 
into the Corporation, had been pressed upon the attention of 
different individuals of the latter body, for years before the 
memorial was presented. Such a proposal had been urged, 
long before his lamented death, by my friend Professor Fris- 
bie. The same, or a similar proposal, had been brought for- 
ward, and argued at length, in the answers of two of the resi- 
dent instructers to the questions of the Corporation, issued in 
1821, though these questions afforded no opportunity for in- 
troducing it. I need not particularize other instances in which 
it was brought before the notice of that body, or of individual 
members of that body. But it had been understood, that a 
door of perpetual exclusion was closed against every resident 
officer ; and that, consequently, no effectual means would ever 
be afforded them of raising the character of the institution, 
with which they were the persons most intimately connected, 
by procuring the adoption of those measures which its condi- 
tion demanded. 

This being the state of things, they thought that the pre- 
senting of the paper in question, would at least lead to a 
discussion of the whole subject with the Corporation ; which 
might terminate in some result satisfactory to both parties. 
The Corporation, however, decUned acting in any manner 
whatever. But it was understood, that the election of any 
resident officer, as one of their body, had been rendered, if 
possible, more hopeless than before, because such election 
might now, it was thought, seem to imply the recognition of a 
legal right, on the part of resident instructers, to seats in 
the Corporation. This supposed claim of a strictly legal 
right by the resident instructers was likewise assigned by the 
Corporation, as a reason for taking no order whatever upon 
the su])ject of the memorial. When this cause was assigned 
by them to the resident instructers, all intention of urging their 
claim as a matter of legal right, was promptly and explicitly 



disavowed in an answer* to the paper, in which the suggestion 
was made. It is unfortunate, perhaps, that the word, right, 
was used in their memorial 5 but either in the strict or the pop- 
ular sense of that term, every one knows that there are other 
rights beside those which may be vindicated in a court of 
law. I will make a further concession. Upon looking over 
the different papers upon this subject, I am ready to allow, 
that there seems to me, in some expressions, a want of per- 
fect consistency of language ; though, perhaps, all the lan- 
guage used admits of being reconciled by some liberaUty of 
construction. The subject was a new and difficult one, having 
many bearings ; and it is not strange, if it was not at first 
clearly and fully comprehended in all its parts and relations. 
But if the supposition of a proper legal claim had been the 
only obstacle, which prevented the Corporation from attend- 
ding to the representations and wishes of the resident instruc- 
ters, it was an obstacle, I am certain, which might very easily 
have been removed. 

At the same time when their memorial was signed by the 
resident instructers, another paper was drawn up, originally 
intended to be connected with it; containing the reasons 
from expediency for the change proposed ; or, what is the 
same thing in other words, an exposition of the motives which 
had induced the resident instructers to desire such a change. 
I have always regretted that this paper was not actually pre- 
sented, as I think it would have contributed essentially to 
prevent any misconception of the purposes of the resi- 
dent instructers. It was withheld solely from motives of 
delicacy to the Corporation ; for though the evils resulting 
from the existing constitution of the government of the col- 
lege were imputed, as they ought to be, to the very nature of 
this constitution ; yet it was feared that their exhibition might 
give pain to those gentlemen who were in fact the governors. 

The real object of the resident instructers, in all their pro- 
ceedings, was to obtain such control over the discipline and 
instruction of the college, as might enable them to introduce 
those reforms and improvements which its condition required. 
From the circumstances of their intimate connexion with the 
college, their constant presence with it, and their consequent 
full acquaintance with its concerns, they v/ere, and they are, 
the only body capable of introducing such reforms and im- 
provements. The resident instructers are, at the same time, 



8 

more deeply and personally interested in the institution, thaa 
any other individuals can be. But they have been wholly 
destitute of the ability to effect any of those changes which 
they might deem expedient or necessary to its prosperity. 
Their real object was to obtain the power of originating the* 
requisite laws and regulations. This power had hitherto re- 
sided solely in the Corporation; and therefore they were 
desirous that this body should be constituted of some of their 
number, in part, or in whole. 

But it will be said, that they might have asked for this 
power to be given to them, as to a distinct body, without 
urging any claim of right or expediency to admission as 
members of the Corporation. It is true they might ; but the 
power which they desired had for a long period resided in 
the latter body. The most obvious course, therefore, was to 
bring forward the grounds, on which they might expect ad- 
mission for some of their number into that body. But there 
are two further answers to be made. The one is, that the 
proposal of transferring the power of originating laws respect- 
ing the discipline and instruction of the college from the Cor- 
poration to the resident instructers, did not occur to any one, 
as I believe, till some time after the memorial was presented. 
The other is, that if this proposal had actually been in the 
mind of every gentleman who signed that memorial, and they 
had been disposed to give it the preference, I believe that their 
asking for this power, at that period, in the state of feeling, 
and under the circumstances, which then existed, would have 
been considered as a measure more unwarrantable, extraor- 
dinary, and presumptuous, than the presenting of the memo- 
rial has ever been represented to be by any of its op- 
ponents. There has, without doubt, since that time, been 
a great change of feeling and opinion in relation to this sub- 
ject ; and it is one very important advantage, which has re- 
sulted from its discussion. 

The proposal that has been mentioned, however, connected 
with some others, which, for myself, I think important, was 
made at a subsequent period, at once with the hope of accom- 
modating the differences between the Corporation and the 
resident instructers ; and of obtaining for the latter those 
powers, and that influence and consideration, which it is 
essential to the interests of the college, that they should pos- 
sess. In the beginning of last September, I had the honor 



9 

of addressing a letter on this subject to a gentleman of the 
highest eminence for his virtues and talents, a member of the 
Corporation. As it will tend as much as any thing I can say, 
to illustrate the purposes and views of the resident instructers, 
I will take the liberty of reading a copy of some parts of it. 

After some remarks upon the existing state of the college, 
I proceeded to observe : 

" Such as I have described, has appeared to me and to 
other gentlemen resident here, to be the state of the college. 
The unsatisfactory character of the whole institution, and 
the daily evils resulting from the general state of things de- 
scribed, have been for years pressing upon the attention of 
the resident instructers. They have been most desirous of 
applying some remedy, and of eftecting some beneficial change ; 
but they have not the official power of originating any meas- 
ure. They have seen the work of improvement undertaken 
by gentlemen from without ; and plans proposed, which, it 
seemed to them, were wholly inadequate to effect the purposes 
intended. They could not but feel the strangeness of the 
procedure, that such a work should be undertaken without 
calling upon them for their cooperation ; and that even minute 
regulations should be devised for them, touching the organ- 
ization of the Immediate Government, by gentlemen without 
any practical acquaintance with the subject ; — regulations 
which, if at all competent to their offices, they surely were 
competent to make for themselves ; and which, in truth, they 
alone were competent to make. They have perceived the 
business of reform passed from one hand to another, with a 
continual accumulation of those misapprehensions and mis- 
takes, to which persons of the best judgment must be ex- 
posed, who come unprepared to so complicated and difficult a 
subject, and have no leisure to make it a study. They have 
believed, that nothing, or nothing useful, was likely to be thus 
effected. But they were deeply interested in the college; 
the existing state of things was to them a cause of constant 
mortification and regret ; their reputations were at stake ; 
they were called upon to act by a sense of duty ; they were 
of necessity well acquainted with the subject ; and they might, 
with no offence to modesty, think that their qualifications in 
other respects, placed them on a level with those who were 
devising plans for the improvement of the institution. They 
2 



10 

were desirous, therefore, of having themselves the official power 
of originating and adopting such plans. It was under the in- 
fluence of such views and motives, that they formerly wished, 
that a portion of their number, who might serve, in some de- 
gree, as representatives of the whole, should become members 
of the Corporation, the only body which, according to usage, 
has the power of originating any measure. That a part of 
the Corporation should consist of other members of the Im- 
mediate Government, besides the President, has been desired, 
I know, for many years, and desired for reasons such as I 
have explained. 

" The state of things described has led to the presenting of 
that paper which has been laid before the Corporation and 
Overseers. As to the claim contained in it, there never was 
any intention of urging it to a legal decision. As soon as 
the possibility of such an intention was suggested, it was for- 
mally and explicitly disavowed. But whatever might be the 
legal view of the case, the resident instructers could not think, 
that the original intention of the charter, that ancient and 
long-continued usage, or that their almost unanimous and de- 
cided expression of the necessity of some change in relation 
to their own povv^ers, would be regarded as undeserving con- 
sideration. How much consideration these things deserved,- 
was left, in the first instance, to the judgment of the Corporation. 

" It was with the desire of obtaining that power over the dis- 
cipline and instruction of the college, which they believed, and 
still believe, necessary to its prosperity, that they presented the 
paper in question. Their motives, I believe, were as disinter- 
ested and honorable as those by which any body of men was 
ever influence(l ; though they were such as can hardly be 
estimated by one, who has not felt for years the evil of the 
present state of things. No one, upon a moment's considera- 
tion, can suppose, that they were actuMed by a miserable 
love of office ; and were willing to take such means, each for 
his individual chance of obtaining it. They felt all the un- 
pleasantness of the measure they were adopting ; and nothing 
but a sense of existing evils, and the hope that this might afford 
the means of providing a remedy, would have induced them 
to adopt it.* 

* I may here be permitted to add in a note, what, for obvious reasons, was 
omitted in addressing the Overseers. 
" The first signature to the paper is that of Dr Ware. I know no onC;- 



11 

■'' The resident officers did not desire that the Corporation 
should be constituted in a certain manner, merely because 
it was originally intended that it should be so constituted. 
They would not have revived a dormant right, however clear 
its existence, merely because such a right existed. The pa- 
per, as regards its true character, is to be understood as a 
very general and decided expression of the sense, entertained 
hj the resident officers of the college, of the necessity of in- 
creasing the power and influence of the members of the Im- 
mediate Government, in order to the well-being of the institu- 
tion. 

" What increase of power, then, did the immediate officers 
desire ? I answer, that their object was not to acquire the 
control of the college funds ; nor the power of apportioning 
their own salaries and duties; nor did they, as has been 
erroneously stated, aim at establishing a ^ right to the exclu- 
sive government of that seminary.' If the principles and 
facts advanced in the memorial should be admitted in their 
fullest extent and application, those resident officers who might 
hecome members of the Corporation^ neither would nor could 
acquire any such powers, as the gentlemen who signed that me- 
morial have been charged with endeavouring to obtain. In con- 
sequence of new modelling the Corporation, the body of 
Overseers would not be annihilated. Every thing relating to 
the college would still be subject to their approval, their su- 
pervision, their control. They would retain all their present 
powers ; and by the change proposed, these powers would 
necessarily be brought into vigorous and useful action. Re* 
garding the Corporation as, by this change, essentially iden- 



more distinguished for his modesty, for his integrity, for his fairness of mind, 
for his freedom from vulgar ambition, and for his scrupulous and almost ex- 
cessive delicacy in acting, when he might suspect himself of an improper 
motive. With his retired habits, he is one, not to seek after, but to avoid, 
that notoriety, and those distinctions, which gratify most men's vanity. He 
was of course the prominent candidate for any vacancy in the Corporation. 
Such being the case, there is no doubt that he has put a force upon himself 
in the part which he has taken ; and that he has acted, as he has done, only 
because he felt it to be an imperative duty, to endeavour to effect some 
change, for the better. The same may be said in different degrees, accord- 
ing to the difference of circumstances, of the other gentlemen, by whom 
that paper was presented, forming the great body of the resident in!JtruC' 
ters of the college." 



12 

tilled with the Immediate Government, there would exist? 
were the change to take place, two bodies, the Overseers, the 
representatives of the public, and the immediate governors 
of the institution, acting wholl}^ under their control, and res- 
ponsible, through them, to the pubUc. 1 do not perceive the 
necessity of any other body, though there may be advantages 
attending its existence. It is clear that the body of the 
Overseers remaining, the resident instructers, though the 
Corporation might be composed solely out of their number, 
could not have the ' exclusive government ' of the college. 
To take a particular instance, what would be the power which 
those officers of the Immediate Government, who might be- 
come members of the Corporation, would acquire in regard 
to the apportionment of their own salaries ? It would be just 
the same which a day laborer possesses, who has the power 
of naming the sum, which he thinks his services worth. It 
would be nothing more than this ; and the Overseers would 
have the full power of his employer, the power of refusing 
to grant that sum. Similar remarks might be made respect- 
ing those other powers, with which it has been thought so 
hazardous to trust resident officers. 

" But I am persuaded that the resident instructers will be 
fully satisfied, without even the semblance of those powers, 
about which so much jealousy is felt. I believe they 
would be satisfied, if, in the first place, the power should be 
formally and fully conceded to them of originating and adopt- 
ing such measures as they may deem proper for the reform 
and improvement of the discipline and instruction of the col- 
lege ; — if, in this respect, the Corporation should consider itself 
merely as a board of control, having a negative upon their 
proceedings. This is the power which the resident instruc- 
ters have desired most earnestly ; and in wishing for it, they 
have only wished to take upon themselves a burden. They 
have only been desirous of going thoroughly about the per- 
formance of a very difficult task, which it has become perfect- 
ly evident, that no other men either will or can perform. It 
has been attempted without even asking for their cooperation, 
which, on the contrary, has been treated as something to be 
carefully shunned. I should call this a strange anomaly, if 
it were not for its consistency with the whole course of things 
for some time past. 



IS 

" Unreasonable and ambitious as the resident officers have 
been represented, their main object has been to obtain this 
privilege of laboring, this concession of a task, this burden of 
responsibility, this permission of doing that for the college, 
which their situation enables them, and enables them alone, 
to effect. With this, however, I do not think, that they ought 
to be content. The interests of literature, and the prosperity 
of the college, require, that other powers should be granted 
to its resident instructers. It seems to me in the highest 
degree reasonable, that the further privilege should be con- 
ceded to them of nominating to all vacancies in offices of 
instruction or discipline. The reasons for granting them this 
power of nomination are the following ; — because as a body 
of literary men, they are the best judges of the qualifications 
of literary men ; because, from various circumstances, they 
are less likely than any other body of men to be affected by 
other considerations than the real merit of the candidate ; 
because as a matter of courtesy and due respect, they should 
have the power of naming those whom they would choose as 
their associates ; because the real effect of the present mode 
of election is to give to the President of the College, a weight 
of patronage, unfavourable to literature, because unfavoura- 
ble to fair competition ; and for the further reason, that the 
change proposed would add to their respectability, and render 
their situations more desirable; and every thing which may 
do this will tend to render the college more respectable, and 
to promote the literature of the country, by rendering literary 
distinctions more an object of ambition. 

"With these changes, I think, still another should be made.^ 
and that is the admission of two other members of the Imme- 
diate Government into the Corporation, beside the President. 
The power of laying the measures of the Immediate Govern- 
ment before the Corporation, their reasons for those measures, 
their views of the state of the college, and their proposals for 
its improvement, should not rest merely with an individual, 
who may differ in opinion from the majority of his colleagues. 
To make him the only connecting link between these two 
bodies, while, at the same time, he is President of both, the 
only direct and official source, from which the Corporation 
derive their knowledge and opinions respecting the concerns 
and interests of the institution, is to give him a very unneces- 



14 

sary and undue share of power. It is rendering the state of 
the college much too dependent on the personal character of 
an individual. The change proposed, like that last mention- 
ed, would render the stations of the resident instructers more 
respectable and desirable ^ while, on the other hand, the new 
system of rigidly excluding them from the Corporation, sub- 
jects them to a peculiar disability, by which they are distin- 
guished from all other members of the community. 

'' These changes, if adopted, would, I think, supersede the 
necessity of any other fundamental change ; would satisfy, I 
believe, the officers of the Immediate Government ; and, by 
aitording the means of introducing other changes and improve- 
ments, would render the college, in a few years, a very differ- 
ent institution from what it is at present." 
^ This letter was written, as I observed, about five months 
since. In the report, submitted to your Honorable Board, 
Jan. 6th, 1825, and signed by John Lowell, Esq. as chairman, 
I find the two foliov/ing paragraphs. 

" B}^ this code, [a nev>^ code of laws proposed by the Im- 
mediate Government, at the desire of the Corporation, and 
making part of the report,] the Immediate Government is 
required to take the general state of the college into frequent 
consideration, and to propose to the Corporation any laws 
and measures, by which, in their judgment, the system of in- 
struction and discipline may be improved. It seems to the 
committee peculiarly proper that the duty of suggesting a 
remedy for any evils or abuses, which may arise, should be 
assigned to those, who from their situation must be the first 
to perceive them ; with the understanding, however, that this 
provision does not confer on them any exclusive authority to 
originate laws, or restrain the Corporation or this Board from 
proposing and establishing any regulation, wdiich they may 
<leem expedient. 

" Authority is also given to the Immediate Government to 
regulate the arrangement of the prescribed duties of the in- 
structers, the times and modes of recitation, the classification 
of the students, and, in general, the methods of instruction, 
subject in like manner to the direction and control of the 
Corporation and Overseers; a provision, the adoption of 
which would evince only a just and proper confidence, on the 
part of this Board, in the officers of the college." 



15 

If this report had been adopted ; and especially if the prin- 
ciple contained in these paragraphs had been formally and 
explicitly recognised by this Reverend and Honorable Board, 
I should myself have rested content ; and the same, I doubt 
not, would have been the case with the resident officers in 
general. I am far from thinking, as may appear from what I 
have just read, that all would have been gained which is desir- 
able for the good of the college. But it is not wise to push 
on reforms hastily ; or to introduce important changes, till 
the way for them has been prepared. What would have 
been gained, I should have thought a very important gain, 
and well worth all the labor and all the discussions, which 
it would have cost. That principle which is fundamen- 
tal as it respects the good government of such an institution 
as the college, would have been recognised and adopted ; 
namely, the principle that the resident officers shall have the 
power of originating all laws respecting its discipline and 
instruction. 

This is the main principle involved in their memorial ; and 
for the adoption of which they are chiefly solicitous. There 
is beginning to be, as is apparent, a general disposition to 
acknowledge its soundness ; and the more the subject is 
examined, and the better it is understood, the more their cause 
will gain strength and favour. The proposals in the two 
paragraphs which I have just read from the report of your 
committee, show that the grounds of difference between those 
whose opinions seemed most opposed to each other, are dis- 
appearing, and that there is a gradual approximation to the 
same conclusions, on the part of those gentlemen, who are 
best informed respecting the true interests of the college. 
The resident officers never desired any control of the funds 
of the college, any power to apportion their own salaries, or to 
fix the amount of their own duties. They would have felt it 
a great inconvenience and evil, an exposure, if not to tempta- 
tion, jet certainly to great obloquy and suspicion, to have 
had these powers devolved upon them. For my own part, I 
never felt a doubt, that should the statements and reasonings 
in the memorial be admitted in their fullest extent, it would 
be necessary to connect this admission with some new provis- 
ions and regulations, by which all the powers last mentioned 
should reside in this Honorable Board alone. I mean all 



16 

those powers which would not of necessity have been vested 
in the Overseers, as the controlling authority in the govern- 
ment of the college. 

The ground of controversy, then, whatever now remains, is 
much less than it may originally have appeared. The essen- 
tial principle for which the resident officers have contended, 
the essential principle involved in their memorial, may be 
considered as almost conceded. If this principle had been 
fully and explicitly recognised by the body whom I have the 
honour to address, I certainly should not have appeared in 
this place. But it has not been. On the contrary, a report 
has been adopted, offered the last year by the committee, of 
which the Hon. Judge Story was chairman, which is incon- 
sistent with the principle maintained, namely, that the internal 
management of the college should be committed, in the first 
instance, to the resident officers. 

The question, then, now is, what body should be entrusted 
with the internal government of the college, considered mere- 
ly as a literary institution ; what body should have the pow- 
er of originating laws respecting its discipline and instruction ; 
what body should be authorized to bring forward measures 
of reform and improvement, and should be made responsible 
for bringing forward all such measures necessary or expedi- 
ent. The supervision and ultimate control of the institution 
rest 'with the Overseers. But they have not hitherto exer- 
cised the power of originating particular laws, excepting so 
far as the adoption of the report to which I have just referred, 
is a departure from their common practice ; and the constitu- 
tion and proper character of this Honorable Board are such, 
that no one, I suppose, will deem it possible, that this power 
should ordinarily be exercised by it. The power is now 
vested in the Corporation, composed of the President of the 
college and of six non-resident members. The question is, 
whether it should not be transferred, in whatever form or 
mode may be thought most advisable, by your Honorable 
Body, to the resident instructers. The question is simply 
this, whether non-resident gentlemen, or resident officers, 
will be likely to have the most intimate acquaintance with 
the institution, the best practical judgment in respect to its 
concerns, the deepest sense of responsibility, and the most con- 
stant and active personal interest in promoting its usefulness 



11 

and reputation. There is nothing, so far as I can perceive, to 
be objected to this statement of the question ; and I doubt 
whether the whole case might not be safely left as thus stated. 
But there is much more that may be said upon the subject ; 
and an argument commonly strikes us with greater force when 
explained in its details. Unwilling, therefore, as I am, to 
trespass upon the time of this Honorable Body, I respectfully 
beg your attention to some considerations relating to this sub- 
ject. 

In bringing forward these considerations, I shall, for the 
sake of brevity, use the term, governors of the college, to 
denote persons having the power of originating laws for its 
discipline and instruction, those to whom, considered merely 
under the aspect of a literary institution, it is, in the first in- 
stance, entrusted. I beg that the term may be understood in 
this limited sense. By whom, then ought the power which I 
have thus detined to be exercised ? Who, in the sense in 
which the term has been explained, should be the governors of 
the college ? Let us consider what particular qualihcations 
are required. 

In order to the proper performance of their most important 
duties, the governors of the college should, in the first place, 
be men practicaly acquainted with its concerns ; in the 
next place, they should be literary men by profession, famil- 
iar with the science of education, and able to judge of the 
relative importance of different branches of study; in the 
third place, they should be so circumstanced as to be able 
fully to attend to its concerns ; and, lastly, their personal in- 
terest and reputation should be evidently and strongly impli- 
cated in its prosperity and decline. These important partic- 
ulars comprehend every pecuHar qualification required in the 
governors of the college. 

Now, then, keeping these qualifications in view, there can, 
in the first place, be no question, that the resident instructers 
must have, and that no other gentlemen can have, a practical 
acquaintance with the concerns of the college. Of the im- 
portance of such practical acquaintance with a subject, in the 
management of any other business or institution, no doubt 
was ever entertained. It has always been regarded as a first 
requisite, for the want of which nothing can compensate. It 
is the necessary foundation of good practical judgment, this 
3 



18 ^ 

being the result ol observation and experience ; and founded 
upon the knowledge of a great variety of particular facts, the 
details and bearings of which are frequently suffered to es- 
cape the mind, while only the general result is retained. If 
it were possible to recollect distinctly all those particular facts, 
yet universal experience has shown, that it is impossible so to 
communicate them to another, that he may make use of the 
knowledge thus acquired, as if it had been the result of his 
own observation and experience. 

The question, then, is whether you wall have as governors of 
the college, gentlemen practically acquainted with its con- 
cerns, whose daily occupation they constitute ; or gentlemen 
without practical acquaintance with its concerns, and to whom, 
from the nature of things, the knowledge which it is desirable 
they should possess, cannot be communicated. The force of 
this reasoning may, perhaps, be rendered more striking by 
considering the im.possibility, that the non-resident members of 
the Corporation should perform the duties now devolved upon 
that body, in any manner whatever, unless one resident officer, 
the President, were at the same time a member of that body ; 
unless at least one individual were present with them, practi- 
cally and personally acquainted with the concerns of the in- 
stitution ; or unless some other regular means were adopted to 
obtain from the resident officers a constant supply of that in- 
formation respecting its concerns, which they alone can fur- 
nish. We are considering whether the governors of the col- 
lege should consist of non-resident gentlemen, or of resident 
officers ; and the fact just stated, that if it were not for the 
association of one resident officer, it would be impracticable 
for the present non-resident governors to act in any proper 
manner, at least without constant reference to, and reliance 
upon, the knowledge and guidance of the resident officers, 
seems to show decidedly that resident officers have, and that 
non-resident gentlemen cannot have, the proper qualifications 
as governors of the college. 

The next requisite before mentioned is, that the governors 
of the college should be literary men by profession, acquaint- 
ed with the science of education, and able to judge of the 
relative importance of different branches of learning — men 
whose studies and occupations, the business of whose lives, 
have relation to the great purposes of such an institution. Now 



19 

the permanent members of the Immediate Government are 
literary men by profession. It is their business to be ac- 
quainted with the science of education ; or, in other words, 
with the proper metiiod of conductmg the intellectual and 
moral discipline of the young. This is a science ; and, like 
other sciences, not to be understood by cursory and partial 
attention. Among the variety of theories on the subject, the 
multitude of different plans proposed, the new experiments 
which are every day making, and the traditionary usages, 
which are supposed to be recommended by experience, it 
requires much consideration, and much practical acquaint- 
ance with the subject, to judge correctly of the method most 
proper to be pursued under given circumstances. Great im- 
provements have been made, within a recent period, in the 
modes of instructing the young, and of forming their charac- 
ters. With these, the governors of a literary institution 
should be acquainted ; and it is their duty to bring them into 
use in such an institution. But, at the same time, it is believ- 
ed, that no error is likely to be more injurious, than a rash 
adoption of modes of education, which have been found to 
succeed elsewhere, without regard to the peculiar circum- 
stances of the institution in which they are copied. No rea- 
soning will, probably, be more deceptive and mischievous, 
than reasoning from imperfect analogies, in which essential 
circumstances affecting the character of different institutions, 
or in which the habits, manners, state of society, and Uterary 
wants, of different countries, are laid out of view ; yet this is, 
perhaps, the error into which those who have no practical 
acquaintance with the subject are most likely to fall. 

But in the government of a literary institution, much judg- 
ment is required, not merely as to the best modes of effecting 
certain objects, but as to the objects themselves, which it is 
desirable to effect. The great ultimate purposes in the re- 
ligious and moral education of the young remain always the 
same ; but in regard to intellectual cultivation, this is not the 
•case. The most important objects of study vary with the 
general progress of learning, which is every day extending 
its limits, with the circumstances of different countries, and 
with the destination of different individuals. Ib any particu- 
lar institution the topics of instruction should be selected and 
adjusted to each other, with, reference to the general design of 



20 

such an institution ; and so that the most eflfective use may be 
made of the means with which it is furnished. If the means 
of such an institution are ample, it should be accommodated 
to the literary wants of the community in which it exists ; 
and of these, none but literary men can judge. Your memo- 
rialists believe, that the college of which they are otticers is 
not such an institution as our country demands and would 
support; nor such as it has ample means to become. They 
think it capable of assuming a much higher character, and of 
being much more extensively useful. 

But whether this opinion be correct or not, it cannot be 
denied, that it is of the highest importance, that the governors 
of a literary institution, like the college, should be quahiied, 
if not individually, yet collectively, to judge of the relative 
importance of diiferent studies, both generally, and in refer- 
ence to all the particular circumstances under which such an 
institution may exist. They should, then, be men of letters 
by profession. Literature and science should be their busi- 
ness. But this has been, and, probably, considering the state, 
of our society, will be rarely the case with laymen elected 
as members of the Corporation from the community at large. 
They may be gentlemen to whom literature is a recreation, 
and even an occasional employment ; but they will not be, 
strictly speaking, men of letters. They will not be men the 
business of whose lives has relation to the objects of a litera- 
ry institution. Nor will the case, generally speaking, be very 
different with clergymen. Pressed as our clergy are with 
professional duties, they have often but little leisure to attend 
to any studies not immediately connected with these duties. 

It may be objected, perhaps, that mere men of letters will 
have too narrow views of the wants and demands of the com- 
munity in reference to a literary institution. I have stated 
the objection as forcibly as is in my power ; but I confess I 
do not distinctly apprehend it. If it related to any other 
than a literary institution, I should perceive its force. Men 
of let'.ers would rertainlj form bad managers of an agricultu- 
ral societv. They would have too narrow views. They 
W'ould w ant information, practical experience, and the requisite 
habits of life. But in regard to a literary institution, who 
can be imagined to have more extensive views, to understand 
its proper objects, the means of promcting them, and their 



21 

various bearings upon society, better tljan ffien, all wiiose 
occupations have relation to these objects ? Is it thought that 
men of letters will be too secluded a class, and not capable 
of catching the opinions and feelings of society ? The tirst 
question is, whether there are others more capable than they 
are of forming just opinions respecting the management of a 
literary institution, and to whose opinions, therefore, they 
ought to defer ? What v>'ould be thought of a similar objec- 
tion as applied to the managers of an agricultural society ; — 
that practical farmers were not to be taken, because not mix- 
ing much with the fashionable and literary classes of our 
metropolis, they could not learn the opinions and feelings pre- 
vailing among those classes, respecting the newest and best 
modes of husbandry. But the whole objection proceeds up- 
on a wrong assumption. There is, and there can be, in this 
country, no secluded class of literary men. With us, men of 
letters mix in common society like other men, and have full 
opportunity of obtaining all the information which can be de- 
rived from such intercourse. Is it thought, then, that literary 
men will be disposed to estimate too highly the importance 
of particular branches of study, to the neglect of others? 
Undoubtedly there is danger, that this may be the case with 
individuals. But in the resident instructers of the college, 
you have a body of men, engaged in the pursuit of very dif- 
ferent branches of knowledge, who would act upon each other, 
and correct each others opinions, and liberalize each others 
minds ; each of whom would take care that his own branch 
should not be neglected ; and all of whom, collectively, would 
adjust and balance, in the most proper manner, the different 
studies to be pursued at the institution. But I would further 
observe, that it is less common for men of real learning to es- 
timate extravagantly the importance of any particular branch 
of study, than for those who have only a superficial knowl- 
edge of it. There were very few among us who, from their 
acquaintance with the subject, were better qualified to judge 
of the true value of the study of the Latin language than Pro- 
fessor Frisbie ; and there were none, I believe, whose judg- 
ment respecting its value was more correct and more free 
from prejudice. There is a gentleman near me, who has 
done m.uch more than is generally known, to improve the 
course of mathematical studies in the university, much more 



22 

than is probably known to a majority of those whom I have 
the honor of addressing ; yet it is not from him, that I should 
expect an over-estimate of the value of these studies. 

There can, then, I conceive be no reasonable doubt, that a 
literary institution should be committed in the first insiance to 
literary men ; that they should have power to originate its 
laws and regulations, under whatever ultimate supervision 
and control and responsibility to the community, may be 
thought proper. It is from this class of men, and from this 
class alone, that a body of individuals can be taken, who 
may fairly be expected to have the most just and the most 
comprehensive views of the objects of such an institution, and of 
the means of promoting them. 

It seems, therefore, a singular anomaly, that the governors of 
the first literar}^ institution of our country should be men, 
neither practically acquainted with its concerns, nor so select- 
ed as probably to secure even a majority of individuals, the 
business of whose lives is intimately connected with the ob- 
jects of such an institution. Every one would be struck with 
the absurdity of entrusting the concerns of a mercantile body, 
io those who were not merchants, or of an agricultural society, 
to those who were not agriculturists; and the absurdity would 
be greatly enhanced, if the gentlemen who received the trust, 
were, at the same time, so separated from the establishment 
which it was there business to govern, as to render it impos- 
sible for them to acquire any practical knowledge of its con- 
cerns. If a number of gentlemen taken from the officers of 
ihe college, resident at Cambridge, occupied with all their 
present duties, were selected to manage the affairs of a bank 
or insurance company in Boston, and were to proceed with- 
out any consultation with its present directors, excepting the 
president of the latter body, your memorialists conceive that 
the case, however strange, would afford an analogy to the 
manner in which the government of the college is at present 
-conducted. 

The third requisite, formerly mentioned, in the gover- 
nors of the college is, that they should be so circumstanced 
as to be able fully to attend to its concerns. This, it is be- 
lieved, is not at present the case. On the contrary a large pro- 
portion of the members of the Corporation, as that body has 
been for some time constituted, are gentlemen whose thoughts 



23 

and time are occupied and pressed upon by a variety of busi^ 
ness, and by public and private concerns, which must draw 
away their attention from those of the college, and leave them 
but little leisure for the proper management of such an insti- 
tution. Their regular occupations and private affairs, which 
must,inmostcases, occupy their chief attention, are quiie foreign 
from the concerns of the college. Its various and complicated 
interests can be regarded by them only as an occasional sub- 
ject of attention. But, on the other hand, the business and 
concerns of the college are the proper and personal business 
of the resident officers. Their time and thoughts ore due to 
the institution, and necessarily given to it. Nor is this all. 
A gentleman elected into the Corporation, as at present con- 
stituted, assumes his office, ignorant, perhaps, of its very du- 
ties, and most probably without such information respecting 
the college, as may enable him in any degree to form opin- 
ions and rely upon his own judgment. Hence arises a new 
demand upon his time. He is called upon to occupy himself 
in acquiring that preliminary knowledge, without which he 
cannot act with proprietj^. But this knowledge, which to 
others must be of slow and difficult attainment, is to the resi- 
dent instructors a matter of daily and necessary acquisition in 
the performance of their regular duties. They can hardly be 
ignorant of what others can hardly learn. In managing the 
government of the college, therefore, instead of being drawn 
away from their common concerns,, they would only be occu- 
pied in their appropriate business ; and, together with this, 
the actual demand upon their time would be far less, than 
upon the time of non-resident gentlemen. 

The governors of the college should be a very vigilant and 
active body, intimately acquainted with, and constantly atten- 
tive to its concerns. As the Corporation is at present consti- 
tuted, it is impossible it should be so. 

I have only to speak of the fourth and last qualification 
mentioned, that the personal interest and reputation of the 
governors of the college should be evidently and deeply im- 
plicated in the prosperity and decline of the institution ; that 
its good or bad state should be continually pressed upon their 
observation, and be to them a matter of private feelin?-, like 
their own domestic concerns. But the resident instructors 
and especiallj^ those of their number who are permanent 



24 

officers of the college, are the only individuals whose reputa- 
tions and interests can be strongly implicated with those of 
the college. Their character, their standing in society, their 
comfort, and, in a considerable degree, their very means of 
support, depend upon its respectability and usefulness. Their 
offices and situations mark them out, and mark them out alone, 
for public observation. If the institution decline, they suffer 
the blame ; they are the persons complained of; it may be, and 
it has been, I think, most unjustly ; but still it is so. They 
ought to receive the praise if it should flourish ; and if those 
measures which the present state of things requires, be adopt- 
ed, they will receive it. There is every circumstance to de- 
signate them as the responsible officers of the college except 
one — except the entire Vv-ant of those powers which ought to 
accompany such responsibility. But, on the other hand, it is 
scarcely known out of a small circle, who are the governors 
of the college, according to the existing distribution of power ; 
that is to say, who are the members of the Corporation. Be- 
fore the present discussions, it would probably have required 
some effort of memory, even for an individual immediately 
connected with the college, to have stated correctly the names 
of the six non-resident members, who with the President con- 
stitute that body. The mode in which it is constituted, its 
duties, its very extensive powers, its almost absolute control 
in the government of the college, are very little understood by 
the community. Its members are not before the pubUc as 
individuals responsible for the state of the institution. On the 
contrar}^, whether the college be well or ill governed, in a 
very good or very bad state, no member of that board, with 
the single exception of the President, who is a resident officer, 
will gain or lose either in interest or reputation to any con- 
siderable degree, most probably not at all. It would seem 
then to be an arrangement singularly inexpedient and un- 
wise, by which the government of the college is taken from the 
resident instructers, from those who have the strongest private 
interest in its prosperity, and the good management of its con- 
cerns ; and given to non-resident gentlemen, in whom, from the 
nature of the case, no interest of the same kind can exist. 

If there be any force in the preceding reasoning, it follows, 
that the governors of the college, in the sense in which I have 
explained that term, should be its resident instructers ; in 



25 

other Words, that thej should be men practically acquainted 
with its concerns ; men whose studies and occupations, the 
business of whose lives, have a constant reference to the great 
objects of such an institution ; men who are so circumstanced 
as to be able fullj to attend to its concerns ; and men whose 
personal interests, are involved in the interests of the college, 
and dependent on its prosperity. The governors of the col- 
lege have, on the contrary, for some time, consisted, with the 
exception of the President, of gentlemen who either are, or 
have been, during the greater part of their lives, actively en- 
gaged in occupations or pursuits, foreign from the objects of 
the institution ; men of high eminence in the profession of the 
law, whose minds, in consequence, were continually occu- 
pied with the cares and labors which this profession imposes 
upon its most distinguished members ; men of business engag- 
ed in a great variety of private and public concerns ; and 
clergymen, some of them of the very highest eminence, and al- 
ready placed in situations, where their health was wasting under 
the necessary demands upon their time and thoughts and 
strength. But the complicated concerns of the college, having 
such a variety of relations to each other, and to the best interests 
of society ; to be carefully viewed under so many aspects ; 
and in order to understand which, so many particular facts 
and circumstances must be distinctly comprehended ; these 
concerns are not a subject to be understood and decided upr 
on in the occasional meetings of a body thus constituted. 
Without, therefore, the slightest imputation upon that body, I 
conceive that its very constitution, connected with the powers 
which it has hitherto exercised in the government of the col- 
lege, is sufficient to account for all the deficiencies and evils 
which are perceived to exist in the institution. 

My reasoning upon the subject, it will be perceived, has 
been wholly abstract. It is reasoning, relating to the proper 
mode of governing a college, such as might be urged a priori, 
supposing no such institution in existence, no experiment to 
have been tried. I shall not enter into details respecting the 
history of the college to illustrate what has been said ; for I 
am most solicitous to avoid every thing which might lead, 
however indirectly, to any degree of personal excitement. On 
this grave and most important subject, we can decide wisely 
only by divesting ourselves as far as possible of passion and 
4 



26 

prejudice, and keeping our minds steadily and coolly fixed 
upon the great objects which we all have so much at heart. 
But there is one case, intimately connected with the present 
discussions, to w^hich I may advert without giving pain to any 
individual. 

There has now existed for a considerable period a general 
and earnest wish for some essential improvement in the condi- 
tion of the college. Between four and five years since, as I 
have already stated, the attention of the Corporation was par- 
ticularly directed to this subject, not in consequence of any 
information which that board itself possessed, nor of the rep- 
resentations of any member of that body ; but in consequence 
of an application from without. The Corporation then took 
means to be informed of the real state of the institution of 
which they wxre the governors. They took the most proper 
means. They addressed the circular, before mentioned, to 
the resident officers. They applied to the only source from 
which they could obtain the information required. But it is- 
an obvious remark, that this was information of which they 
had been in constant need, as much at one period as at another, 
to enable them to carry on the government of the institution. 
In order, however, to obtain the information requisite to quali- 
fy them to be its governors, they were obliged to resort to a 
new measure, out of the common course of proceedings, and 
one before wholly unknown. It is another obvious remark, 
that when representations were laid before the governors of 
the college, according to which, essential changes were re- 
quired in the institution, these representations were either cor- 
Tect or not. If correct, the governors of the college ought 
surely to have been the persons first aw^are of the true state 
of things ; they should have needed no intimation of it from 
without ; I should rather say, they ought long before to have 
anticipated the necessity of any essential changes, and to have 
prevented the deficiences and evils complained of. If the 
representations laid before them were not correct, the gover- 
nors of the college ought surely to have been the individuals, 
best qualified from their personal knowledge to say that they 
were not correct, and to justify the course of measures which 
had been pursued. It is clear that the whole state of the 
case in these respects was different from what it ought to have 
been. Upon receiving the answers of the resident officers^ 



27 

the Corporation gave their earnest and faithful attention to the 
subject. But nothing has, in consequence, been effected by that 
body. Its members felt too deep an interest in the institution, 
and have been too well awareof the difficulty of the subject, to in- 
troduce any rash or immature changes, or to make any un- 
certain experiment. At the same time, they have had neither the 
requisite information, nor leisure, nor practical experience, to 
decide upon and arrange any new measures ; — to adjust a new 
system, of the propriety of which they themselves should be 
satisfied. They, therefore, have accomplished nothing. Yet 
the pressure and urgency of the case cannot well be greater. 
The call for improvement from within and from without the 
college, will hardly be more distinct, for if not now answered, 
it will be succeeded almost by despair. Nor can you reason- 
ably expect more honest zeal or more faithful intentions in 
any non-resident gentlemen who may hereafter become mem- 
bers of the Corporation. 

What then is to be done ? What is to be done, not merely 
to effect those changes, which are, at the present moment, 
necessary to the prosperity of the college, but in order to 
keep up that constant course of progression and improvement 
which the community demands. You, surely, will n»t suffer 
this most important institution, intrusted to your care, to be 
irregularly acted upon by uncertain or accidental impulses, 
from without ; you, surely, will not suffer to be forced upon its 
governors or instructers, any new theoretical system, the work 
of unauthorized, unapparent, irresponsible individuals, how- 
ever respectable they may be. In order to restore the col- 
lege to the state, in which it ought to be, and to preserve it in 
that state, you will not, I am confident, be ready to trust to 
the zeal and care of any others, than its proper governors and 
officers, exerting themselves in the regular discharge of their 
official duties. I would beg leave most respectfully to ob- 
serve, that in all the late discussions respecting the college be- 
fore this Reverend and Honorable Body, the true question 
that arises, is, not what particular laws and regulations, what 
specific system of discipline and instruction shall be adopted ; 
for these are topics obviously of a nature not to be fully ex- 
amined in so large and popular an assembly, the members of 
which can give but a few hours' attention to the subject j the 
true question is, to what permanent and responsjfeje body, 



28 

acting under your supervision and control, shall be intrusted 
power of devising such a system, of adjusting its parts, of 
watching its operations, of supplying the deficiencies, which 
experience may discover, and of making those additions and 
improvements which the progress of the Institution may de- 
mand. 

The resident officers, I mean the resident officers of the Im- 
mediate Government, of which I have net the honor to be a 
member, may be considered as having offered themselves to 
undertake the labor of improvement. They have not shrunk 
from the task however difficult, or from the responsibility how- 
ever arduous, for they have felt it their duty, at least to make a 
distinct offer of their services. Upon the propriety of com- 
mitting it to them, there is, as every intelligent friend of the 
college must rejoice to perceive, a growing unanimity of opin- 
ion. When the subject is distinctly understood, there will, I 
am confident, be but one opinion. To obtain the necessary 
power to effect the changes which the state of the college 
imperiously requires, was the main object of their memorial ; 
and if this power can be obtained in another form, they will 
be well content. 

The propriety of the principle maintained in the observa- 
tions that have been made, has, in our own country, been 
illustrated by experience. I believe, it will be found, that 
every literary institution among us, other things being equal, 
has flourished in proportion as the government of it, consider- 
ed merely as a literary institution, has been virtually intrust- 
ed to the resident instructers. I say, virtually, for the power 
may be given them in fact, when it is not in form. The 
Theological Seminary at Andover has grown with unparallel- 
ed rapidity. I do not refer to the amount of wealth, which 
has been so liberally poured out upon it. But I refer to the 
rapid manner in which the standard of education has been 
raised. The growth of this institution is, I believe, to be re- 
ferred principally to the fact, that it has been confided to the 
care of its professors ; that they have not been embarrassed 
and impeded in any plans of improvement ; that instead of 
being destitute of any power, like the resident instructers at 
Cambridge, they have, by courtesy or usage, no matter how, 
possessed all the power necessary to render it what they have 
been desirous it should become ; th it they have at once felt that 



29 

they were responsible for its character ; and have exercised 
power commensurate to this responsibility. 

I had intended to speak of some other evils, resulting from 
the present distribution of powers among the different bodies 
which constitute the government of the college ; but I have 
been compelled to regard the time allowed me for preparation ; 
for the whole subject is one of such importance, that vq man 
ought to speak upon it without weighing his words ; and 1 
must likewise regard the time, during which I may reason- 
ably ask for the attention of your Reverend and Honorable 
Body. I will touch upon them, therefore, very briefly. 

One is the want of responsibility in any body of men or in 
any individual, as the government of the College is at present 
constituted, and its powers distributed. Supposing the insti- 
tution to be falling into decline and ruin, to be in a worse 
state than has been described or imagined ; who is responsi- 
ble for it ? Who is accountable to the public? Not the resi- 
dent officers ; for at present they are merely executive officers. 
They have no power of originating laws. However bad the 
whole system of discipline and instruction may at any time 
be, they have no power to correct it. Beside, if the decline 
of the institution be owing to them, this very fact transfers the 
responsibility from them to others. Such men ought not to have 
been appointed; such men ought not to have been continued 
in office. Are the Corporation, then, regarded as account- 
able for the state of the college ; are they actually made 
responsible for it to the public ? The responsibility of 
this body corresponds in no degree to its extensive pow- 
ers. On this subject, I would refer to the statements al- 
ready made. The Corporation is a body too little known. Its 
members are so circumstanced, that they are not brought 
prominently before the public as accountable for their meas- 
ures. Their real powers are very little understood. To 
those acquainted with the subject, it is clear, that they cannot 
have the requisite knowledge, or the requisite leisure, to at- 
tend fully to the concerns of the college. They are wholly 
disinterested in giving their time to the institution. It is a 
gift to the public, and it is hard to ask why more is not given ; 
especially when the obvious answer is, that reserving a due 
portion for their private concerns, and for other public inter- 
ests, more cannot be given. 



50 

But there is another consideration. When the power of 
devising and establishing, and the power of executing a sys- 
tem of instruction and discipline, are divided, the former given 
to the Corporation, as at present constituted, and the latter to 
the resident instructers; no proper accountability can be 
made to rest upon either bodj^ If the institution decline, the 
one b^dy may charge the fault upon the system, and the 
other body may retort the charge, that the defect is not in 
the system but in the execution : and who is to decide the 
controversy ? What proportion of the public can be expect- 
ed so to investigate the subject, as to determine on whom 
censure should justly fall ? This divided and uncertain re- 
sponsibility will be found in its operation to amount to little bet- 
ter than none. 

On the contrary, if the whole government of the college, 
considered as a literary institution, were committed in the 
first instance to the resident instructers, their power and their 
responsibility would be commensurate. Those whom the 
public naturally regard as accountable for the state of the 
institution, would become fairly and fully accountable for it. 
Your Reverend and Honorable Body would know where to 
direct your inquiries, and to whom to look, when any evil or 
any complaint existed. You would be brought at once into 
immediate connexion with the resident instructers ; a circum- 
stance which alone would be of the highest advantage to the 
college. In pursuing a right course, they would be encour- 
aged and animated hy your support and approbation. But 
your connexion with the resident instructers, considered as 
mere executive officers, appointed and directed by the Cor- 
poration, must of course be very limited and inoperative. 

I know it has been objected to giving the resident officers 
those powers for which I have been contending ; that in civil 
government, it is thought wise to separate the legislative from 
the executive power, and that the same principle should be 
adopted in the government of a literary institution. I have 
before observed, that no reasoning is more deceptive than 
reasoning from loose and imperfect analogies. In regard to 
the present case, I would ask why the analogy is not carried 
a little further. Of the two, it is certainly more important 
in civil government to separate the judiciary, than the legis- 
lative power, from the executive. Why then do not those, 



31 

who urge the objection which has been stated, propose that 
the judiciary power should be taken from the executive offi- 
cers of the college. Their analogical reasoning, if it prove 
any thing, proves that there should be one body, the Corpora- 
tion, as at present constituted, to make laws ; and one body, 
the resident officers, to execute these laws ; and a third body, 
not yet in existence, who should exercise the judiciary power* 
But even with this improvement, we should have but a poor, 
deceptive semblance of a well organized civil government. 
In civil government, it is with us a fundamental principle, 
that all power emanates from the governed. In order there- 
fore to model our college government after the fashion of the 
former, our three bodies, the Corporation, the resident officers, 
and the new bench of judges, must all be elected by those 
who are to be governed, by the undergraduates. We may 
push the absurdity further in every direction. They should 
all be chosen by them from their own number. I trust it will 
be acknowledged, that an analogy is of no force which leads 
directly to such conclusions. The parental approaches much 
nearer, than civil government, to being a proper model for 
the government of young men, collected as students at a lit- 
erary institution. 

I will now mention one incidental evil, but an evil of very 
considerable magnitude, which results from the present con- 
stitution of the government of the college, and the present 
division of power between the Corporation composed of non- 
resident members, and the resident instructors of the college. 
The resident officers are, in the nature of things, the proper 
representatives of the college ; and would become so in facty 
if those powers were given to them, which they ought to pos- 
sess. But at present the Corporation are the representatives 
of the college. They are its governors in the most extensive 
sense of the words. They appropriate its funds, appoint its 
officers, direct its studies, and make its law^s. The whole 
character of the institution is to be determined by them. 
By their regulations, especially those regarding the expenses 
of the students, and the charges upon them, they may lay 
open its advantages to a greater, or confine them to a smaller 
number. They may make it an institution m^erely for the 
rich, and for those who are supported by its charity ; or they 
may extend its benefits to the whole community. But in 



32 

selecting non-resident gentlemen as members of the Corpora- 
tion, men of distinguished eminence will, of course, be taken. 
They will be members of one or another of the political par- 
ties into which the state maj be divided ; often among the lead- 
ing and most prominent individuals of that party. When there 
is any warmth of political contention, the members of the 
Corporation will, in filling a vacancy in their body, select 
a candidate whose opinions correspond with their own. 
The Corporation will thus be perpetuated in one political 
party, and the college will be in the hands of one political 
party. In these statements no one will imagine that any 
blame is imputed to the members of the Corporation. What 
has been described is only the natural and almost necessary 
course of things. But the effect of it is, to give a foreign, ad- 
ventitious, political character to the college, w^hich will ren- 
der it ob.:Oxious to one of the two great parties in the state ; 
and may, perhaps, even to a majority of its citizens. At the 
present moment, when there is a mutual spirit of conciliation, 
when men of opposite parties are ready to respect each other's 
principles, when political distinctions seem to be melting away, 
nothing, it is true, is to be apprehended from the circumstance 
which I have mentioned. But if times of political heat and 
controversy should return, then the evil would be felt; as it 
has been felt. The college with that extrinsic, political char- 
acter which now attaches to it, would then, instead of being 
considered as the common interest of the community, be re- 
garded by many of our citizens with coldness, jealousy, and 
hostility. But transfer a portion of the powers of the Cor- 
poration to the resident instructers ; make them, as they ought 
to be, the representatives of the college, and this evil will be 
removed. The resident instructers are little likely to be dis- 
tinguished as political partisans. They have kept aloof, and 
in all ordinary times, may be expected to keep aloof from 
political contests. As literary men, as instructers of the col- 
lege, their objects in life must be very different from those of 
political ambition. As governors of the college, they will 
€xcite no political jealousy or enmity. Remote from the ex- 
asperating controversies of party, and laboring for the com- 
mon good without distinction, they may reasonably hope to be 
regarded, at all times, at least with forbearance and respect, 
and, probably, with favor and kindness. The change in the 



35 

powers of the resident instructers, by giving the Overseers a 
tangible and distinct subject of supervision, would necessarily 
increase the interest of this Reverend and Honorable Body in 
the institution. But the Overseers are the representatives of 
the community ; and will always sufficiently bear the char- 
acter of those sentiments and feelings which prevail in the com- 
munity. If the change, therefore, which has been proposed, 
should be adopted, it may be hoped that the college will never, 
hereafter, be regarded as an institution belonging to one politi- 
cal party; but become, as it formerly has been, an object of 
interest and pride to the whole commonwealth. 

In the letter from which I have read some extracts, it may 
be recollected that two additional proposals were made; the one 
that the power of nominating to offices of government and in- 
struction should be given to the resident instructers ; the other, 
that two of their number should be admitted as members of 
the Corporation. I shall urge no arguments in support of 
either, beside the few suggestions already made in that letter. 
I have not had leisure to prepare myself in such a manner as 
to be ready to address this Honorable Body on those subjects ; 
and even if I had had sufficient leisure, I should still be unwilling 
to make a further demand on your attention, or divert, in any 
degree, your consideration from that main proposition, which 
seems to me fundamental, namely, that the resident instructers 
should have the power of originating all laws respecting the 
instruction and discipline of the college. 

I will add but a few more words. When great evils exist, 
there is always a disposition to criminate individuals. It is the 
fault of narrow-minded men, and perhaps even of some who 
are not narrow-minded, to be disposed to make some person 
or some body of men, the object of censure. But if any good 
is to result from these discussions respecting the state ol the 
college, all this must be forborne. I do not say that thece 
have not been faults, and perhaps great fauhs, committed by 
individuals. It is as little my object to exculpate as to crim- 
inate any one. But I do say, that the fault essentially is not 
in individuals, but in the system. You cannot expect to find 
more distinguished, more able, or more honorable men, to com- 
pose the Corporation of the college, than a majority of those 
gentlemen who have for some time been its members. You 
will find no individuals more faithful, more disinterested, and 
more conscientious, to fill the places of its present instructers, 
5 



34 

No one will address, as Overseers of the institution, a body of 
men, more intelligent or more free from all passion or preju- 
dice, than those before whom I have the honor to appear. 
Yet all this being so, the condition of the college is such as 
every one laments. The fault, therefore, I repeat it, is not in 
individuals, but in the system. 



NOTZS. 

The proceedings of the Overseers, since the hearing of the 
memorialists, will appear from what follows . — 

From the Boston Daily Advertiser of Saturday, Feb. 5tk. 

Harvard University. — The Board of Overseers yesterday proceeded in the 
consideration of the report of their Committee on the memorial of the In- 
structers of the University. The report concludes by proposing the follow- 
ing resolutions : — 

Resolved : That it does -not appear to this Board, that the resident instruct- 
ers at Harvard University have any exclusive right to be elected members 
of the Corporation. 

Resolved : That it does not appear to this Board, that the members oiJisie 
Corporation forfeit their offices by not residing at the college. 

Resolved: That in the opinion of this B&ard, it is not expedient to express 
any opinion on the subject of future elections. 

Mr Gray, of tlie Senate, addressed the Board in support of the resolutions, 
and against the memorial, in a speech which occupied nearly the whole ot 
the forenoon session. Mr Leland made a few remarks in favour of the reso- 
lutions. In the afternoon, Chief Justice Parker spoke in favour of the reso- 
lutions, and was followed on the same side by Mr Charles Jackson. When 
he had closed, at about 6 o'clock, the question was taken. At tlje call of 
Mr Leland, the question was divided, and taken on the resolutions separate- 
ly, and they were unanimously accepted. 



From the Boston Daily Advertiser of Monday, Feb. 21sf. 
Harvard University. — We understand that, at a meeting of the Overseers in 
the Council Chamber, on Thursday last, the Hon. Charles Jackson was pre- 
sented by the Corporation , for confirmation as a member of that board. The 
Overseers non-concurred in the choice, by a vote of 18 to 20, on the ground, 
as we understand, that it was expedient that the vacancy should be filled up 
by choosing one of the Immediate Government. The present members of 
the Corporation are the Rev. President Kirkland, the Rev. Dr Porter, the 
Hon. William Prescott, the Hon. H. G. Otis, and the Rev. Dr Channing.* 
The vacancy, we believe, was occasioned by the death of the late Hon. 
John Phillips. 



The Hon. Judge Davis should have been added. 



35 

The correctness of the reason, assigned in the above extract, 
for the vote of the Overseers, was subsequently disputed by one 
correspondent of the Advertiser, and maintained by another. 

At a meeting of the Overseers, held Feb. 22, which was called 
for a different purpose, the subject of the election of Judge Jack- 
son was again brought before that Board, and his election was 
-confirmed by a vote of 30 to 21. 



